Education Universities And Colleges - Digest of Bills

Digest of Bills - 2003

EDUCATION UNIVERSITIES AND COLLEGES

S.B. 03-170 FY 2002-03 budget reduction bill - Metropolitan state college - Fort Lewis college - direct appropriation to governing boards - appropriation. Specifies that the moneys appropriated for Metropolitan state college of Denver and Fort Lewis college in the 2002 general appropriation act shall be reflected as a direct appropriation to the board of trustees for each institution instead of to, respectively, the board of trustees of the state colleges in Colorado and the board of governors of the Colorado state university system. Consistent with this change, for the 2002-03 fiscal year:

● Reduces the appropriation to the board of trustees of the state colleges in Colorado in the amount of $75,073,394 and increases the appropriation to the trustees of Metropolitan state college of Denver by such amount.

● Reduces the appropriation to the board of governors of the Colorado state university system in the amount of $30,754,310 and increases the appropriation to the trustees of Fort Lewis college by such amount.

APPROVED by Governor March 5, 2003
EFFECTIVE March 5, 2003

S.B. 03-189 FY 2002-03 budget reduction bill - annual allowable cash fund revenues - calculation of cash funds - appropriation. For the 2002-03 fiscal year and fiscal years thereafter, specifies that, for the purposes of calculating the annual allowable amount of cash funds appropriated for state-supported institutions of higher education, "cash funds" includes funds credited to the accounts of students from student financial aid, tuition assistance, and scholarships to the extent that such funds are included in the scholarship allowance for financial reporting purposes. Eliminates redundant language regarding state fiscal year spending limitations.

Increases the cash funds appropriations attributable to tuition revenues to each governing board of the institutions.

Provides that section 2 of the act shall only take effect if Senate Bill 03-170 is enacted and becomes law. Provides that section 3 of the act shall only take effect if Senate Bill 03-170 is not enacted and does not become law.

APPROVED by Governor March 5, 2003
EFFECTIVE March 5, 2003
NOTE: Senate Bill 03-170 was signed by the Governor March 5, 2003.

S.B. 03-193 FY 2002-03 budget reduction bill - state historical society - state historical fund - grants - expenditures for society costs - appropriation. In addition to the current purposes, authorizes the state historical society (society) to make grants from the state historical fund to provide certain education and training on preservation of archaeological structures, buildings, objects, sites, and districts. Instead of authorizing the society to make grants primarily to public entities and persons in the private sector who apply through a municipality or county, makes modifications clarifying that the society is authorized to make such grants to governmental, instead of public, entities, nonprofit organizations, and private persons making application through such a governmental entity. Defines "governmental entity" as the state and any state agency or institution, county, city and county, incorporated city or town, school district, special improvement district, authority, and every other kind of district, instrumentality, or political subdivision of the state organized pursuant to law.

Authorizes the society, subject to annual appropriation, to expend moneys to cover certain costs relating to the society's mission as a state educational institution and carrying out certain activities authorized by law, including expenditures for capital construction and controlled maintenance relating to properties owned, managed, or used by the society.

Requires that all moneys received by the society, including certain grants, fees, and charges, be credited to the state historical fund or other funds authorized by law. Specifies that interest and income derived from such moneys in such funds remain in those funds.

For the 2002-03 fiscal year, decreases certain general fund appropriations and makes corresponding increases in cash fund exempt appropriations to the society.

APPROVED by Governor March 5, 2003
EFFECTIVE March 5, 2003

S.B. 03-198 FY 2002-03 budget reduction bill - technology learning grant and revolving loan program - elimination - transfer of funds. Eliminates the technology learning grant and revolving loan program and directs the state treasurer to transfer the balance of moneys held for the purpose of funding the program to the general fund.

APPROVED by Governor March 5, 2003
EFFECTIVE March 5, 2003

S.B. 03-255 Selective service registration compliance - verification. For male persons enrolling at a state-supported institution of higher education ("institution") beginning January 1, 2004, requires the institution at which a person is enrolling to verify his sworn statement of selective service registration compliance. Allows the institution to require the person to provide appropriate documentation in order to verify his sworn statement of registration compliance. Specifies that if a student knowingly gives false information regarding selective service registration compliance, he shall be suspended from the institution at which he is enrolled. Prohibits a person who, prior to becoming a student, knowingly gives false information regarding selective service registration compliance from enrolling at an institution. Allows a person to enroll or reenroll in an institution after he provides appropriate documentation proving that he is properly registered with the selective service system.

APPROVED by Governor June 5, 2003
EFFECTIVE January 1, 2004
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

S.B. 03-264 Institutions of higher education - designation as enterprise for TABOR purposes - revenue bonds - tuition. Authorizes an institution or a group of institutions of higher education to be designated by the governing body of the institution or group of institutions as an enterprise for purposes of section 20 of article X of the state constitution (TABOR) so long as:

● The governing body retains authority to issue revenue bonds on behalf of the institution or group of institutions; and

● The institution or group of institutions receives less than 10% of its total annual revenues in grants from all Colorado state and local governments combined.

Specifies that so long as such an institution or group of institutions is designated as an enterprise, the institution or group of institutions shall not be subject to any of the provisions of TABOR.

Excludes indirect benefits conferred upon an institution or group of institutions that has been designated as an enterprise from the definition of a "grant". Modifies revenues that are excluded from this definition to include revenues resulting from tuitions imposed by any institution or group of institutions of higher education.

Authorizes the governing body of any institution of higher education to issue revenue bonds on behalf of an institution or group of institutions managed by the governing body for the purpose of obtaining funds for constructing, acquiring, equipping, or operating facilities for the institution or group of institutions. Specifies that the issuance of the bonds, except under certain circumstances, is subject to the approval of both houses of the general assembly and the governor. Requires that the bonds be payable only from revenues generated by the institution or group of institutions on behalf of which the bonds are issued. Specifies that the termination, rescission, or expiration of the enterprise designation of any institution or group of institutions shall not adversely affect the validity of or security for any revenue bonds issued on behalf of the institution or group of institutions.

Directs the Colorado commission on higher education, in consultation with the governing body of an institution or group of institutions of higher education that has been designated by that governing body as an enterprise, to recommend to the governor and the general assembly tuition rates at the institution or group of institutions that are requested by the governing body after considering student ability to pay, cost, demand, market forces, and other relevant factors.

Instead of authorizing the governing board of any institution of higher education to pledge the net income derived from auxiliary facilities that are not designated as enterprises and that are not acquired with moneys appropriated to the institution by the state, authorizes such a pledge of income from auxiliary facilities that are designated as enterprises or, if not so designated, from auxiliary facilities that are not acquired with an appropriation of state moneys.

VETOED by Governor May 22, 2003

S.B. 03-304 Institutional role and mission - Metropolitan state college of Denver board of trustees. Effective July 1, 2003, modifies the role and mission of specified state-supported institutions of higher education. Changes the number of appointed members on the Metropolitan state college of Denver board of trustees ("board of trustees") from 7 to 9, changing the total number on the board of trustees to 11. Changes the faculty member of the board of trustees from a voting to a nonvoting member of the board of trustees.

APPROVED by Governor June 5, 2003
EFFECTIVE July 1, 2003

S.B. 03-308 Advanced technology fund - biotechnology - advanced technology - waste diversion and recycling. Clarifies that moneys in the advanced technology fund ("fund") shall be used for biotechnology and other advanced technology projects or for environmental research, research and development, and technology transfer programs in the state.

On and after July 1, 2003, sets the percentage of moneys in the fund that are used for waste diversion and recycling strategies at no less than 20% of moneys derived from waste tire recycling fees.

APPROVED by Governor May 22, 2003
EFFECTIVE May 22, 2003

H.B. 03-1048 Colorado student obligation bond authority - fund loans and transfers - approval. Authorizes the Colorado student obligation bond authority ("authority") to transfer or loan moneys from the Colorado student obligation bond authority fund to the prepaid expense trust fund or to any fund created for the implementation of the college savings program. Directs the authority to submit a transfer or loan request to the executive director of the department of higher education ("executive director") for approval, and prevents the transfer or loan unless the executive director grants approval. Requires the authority to report annually to the legislative audit committee the amount of any approved transfers or loans.

APPROVED by Governor March 7, 2003
EFFECTIVE August 6, 2003
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 03-1093 State colleges - distribution of funds - independent governance. Requires the board of trustees of the state colleges ("board"), prior to July 1, 2003, to establish a distribution plan for all unexpended and unencumbered moneys under the control of the board as of June 30, 2003, and to distribute those moneys consistent with the distribution plan to Adams state college, Mesa state college, and Western state college of Colorado ("the state colleges"). Requires the Colorado commission on higher education, for fiscal year 2003-04, to ensure that cash funds and appropriations to the state colleges are disbursed consistent with the distribution plan established by the board.

Effective July 1, 2003, repeals the board, and establishes separate governing boards for each of the state colleges. Specifies the powers, duties, and obligations of the boards of trustees with respect to the state college that each board governs.

APPROVED by Governor March 25, 2003
PORTIONS EFFECTIVE March 25, 2003
PORTIONS EFFECTIVE July 1, 2003

H.B. 03-1108 International baccalaureate diploma program - granting of college credit - minimum requirements. Requires the Colorado commission on higher education ("commission"), on or before January 1, 2004, to ensure that 4-year public institutions of higher education ("institutions") adopt and implement policies for the acceptance of first-time freshman students who have successfully completed an international baccalaureate diploma program ("program").

Requires the governing boards of institutions to set the number of credits granted to a student who has completed the program and to identify the specific general education or elective requirements satisfied. Specifies that, generally, no fewer than 24 credit hours shall be granted. Permits each institution to determine a minimum level of student performance on program exams to qualify to receive credits. Exempts from the provisions of the act an institution that has entered into a performance contract with the commission.

APPROVED by Governor April 18, 2003
EFFECTIVE August 6, 2003
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 03-1159 Education paraprofessionals - preparation programs. Recognizes the benefits to school districts in using education paraprofessionals and the federal intent that all education paraprofessionals be highly qualified. Finds that regulation of education paraprofessionals, including licensure and certification, is not necessary. Allows the Colorado commission on higher education to approve education paraprofessional preparation programs. Allows a community college or a 4-year institution that offers an approved teacher preparation program to offer an education paraprofessional preparation program. States the minimum requirements for an education paraprofessional preparation program.

APPROVED by Governor April 17, 2003
EFFECTIVE April 17, 2003

H.B. 03-1175 Unique student identifying number - prohibition on use of social security number. Requires each institution of postsecondary education in Colorado to assign a unique identifying number to each student enrolled at the institution. Requires that each institution take reasonable steps to ensure the privacy of a student's social security number ("SSN"). After July 1, 2004, prohibits the use of all or part of a student's SSN as the unique identifying number unless the institution demonstrates to the Colorado commission on higher education that financially the institution must use the SSN and the commission approves a plan for phasing out the use of the SSN.

APPROVED by Governor April 17, 2003
EFFECTIVE April 17, 2003

H.B. 03-1352 Peace officers standards and training board - criminal history record checks - appropriation. Prohibits a peace officer training academy ("academy") from enrolling a person who has been convicted of an offense that would result in the denial of certification by the peace officers standards and training board ("P.O.S.T. board").

Requires a person seeking to enroll in an academy to submit a set of fingerprints to the P.O.S.T. board prior to enrolling in the academy. Specifies the procedures for conducting a state and national fingerprint-based criminal history record check. Directs the P.O.S.T. board to notify the academy if the record check indicates the person is prohibited from enrolling in the academy. Requires the person to bear the actual costs of the record check. Permits a person to notify the P.O.S.T. board of certain misdemeanor convictions and to request the P.O.S.T. board to grant the person permission to enroll in the academy. Grants rule-making authority to the P.O.S.T. board to adopt rules addressing the procedures for the granting of permission to enroll in an academy.

For fiscal year 2003-04, appropriates $26,677 to the department of public safety, Colorado bureau of investigation, from fees charged to academy applicants.

APPROVED by Governor June 3, 2003
EFFECTIVE June 3, 2003

H.B. 03-1363 Colorado educational and cultural facilities authority - religious entities. Repeals the statutory provisions that prohibit a religious entity from receiving tax-exempt bond financing through the Colorado educational and cultural facilities authority.

APPROVED by Governor May 22, 2003
EFFECTIVE May 22, 2003